Bid Documents (22).pdf

City of Dayton GLO CDBG-DRRP Street Improvements Project (Austin Area)

GLO Contract No. 25-143-009-F345

TABLE OF CONTENTS

TITLE PAGES

Invitation to Bidders 1

Instructions to Bidders (C-200) 12

Scope of Work 5

Bid Proposal (C-410) 13*

Agreement for Construction Contract (C-520) 8

Statement of Bidder's Qualifications 3*

Bonding Company Information 1*

Bid Bond (C-435) 3*

Performance Bond and Payment Bond Requirements 1

Performance Bond and Payment Bonds 4

Certificate of Insurance 1

Standard General Conditions 64

Supplementary Conditions 10

Section 3 Policy 1

Conflict of Interest Questionnaire 2*

Contractor Certifications – Civil Rights Laws and Regulations 1*

Contractor’s Certification of Recovered Materials 1*

Certification for Business Concerns 1*

Contractors Certification of Efforts to Comply with Section 3 1*

Disclosure of Lobbying Activities 4*

Minority/Female Goals and Timetables 4

Davis-Bacon Labor Standards Requirements for CDBG Projects 1

Title 29: Labor 5

Certification Regarding Lobbying 1*

Non-Collusion Affidavit of Prime Bidder 1*

Equal Opportunity Guideline for Construction Contractors 2

Contractors Local Opportunity Plan 1*

Proposed Contracts Breakdown 2

Contractor Certifications Concerning Labor Standards and Prevailing Wage Requirements 2

Project Wage Rates 5

Federal Labor Standards – HUD 4010 10

Project Signage Requirements 1

Section 504 Certification 1

Child Support Statement for Negotiated Contracts and Grants 1

Certificate of Interested Parties – Form 1295 2

Section 3 Clause 2

HUD Information Sheet for Contractors 2

HUD New Hires Section 3 Monthly Compliance Report 2

HUD Brochure Information Sheet 1

GLO Assurances for Construction Programs 1

GLO General Affirmations 10

Attorney’s Review Certification 1

Final Payment Affidavit 2

Mitigation Measures and Conditions 1

* - Denotes items to be included in the bid package

TECHNICAL SPECIFICATIONS

The governing technical specifications for this project will be the STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES, Adopted by the Texas Department of Transportation November 1, 2014, except where noted. The following specification items and their associated items are incorporated into these Contract Documents by reference.

ITEM 105 – Removing Treated and Untreated Base and Asphalt

ITEM 134 – Backfilling Pavement Edges

ITEM 164 – Seeding for erosion control

ITEM 216 – Proof Rolling

ITEM 247 – Flexible Base

ITEM 251 – Reworking Base Courses

ITEM 275 – Cement Treatment (Road-Mixed)

ITEM 310 – Prime Coat

ITEM 340 – Dense-Graded Hot-Mix Asphalt (Small Quantity)

ITEM 500 – Mobilization

ITEM 502 – Barricades, Signs, and Traffic Handling

ITEM 530 – Intersections, Driveways, and Turnouts

CONSTRUCTION PLANS

Construction Plans are under separate cover

THE CITY OF DAYTON, TEXAS

GLO CDBG-DRRP STREET IMPROVEMENTS PROJECT (AUSTIN AREA)

GLO CONTRACT NO. 25-143-009-F345

Advertisement and Invitation for Bids

The City of Dayton, Texas will receive bids for the City of Dayton, Texas – GLO CDBG-DRRP Street Improvements Project (Austin Area) GLO Contract No. 25-143-009-F345 until 2:30 p.m., CST on Wednesday, July 15, 2026 at The

City of Dayton Community Center, 801 S. Cleveland, Dayton, Texas 77535. Any bids received after this time will be returned unopened. The bids will be publicly opened and read aloud at the time set forth.

Bids are invited for work generally described as follows:

Improvements to debilitated roadway pavement on various streets throughout the city totaling approximately 8,329’

There will be a Non-Mandatory Pre-Bid conference with the Engineer, Owner, and Prospective Bidders at 2:30 p.m., CST on Wednesday, July 8, 2026 at The City of Dayton Community Center, 801 S. Cleveland, Dayton, Texas 77535.

Bid/Contract Documents, including Drawings and Technical Specifications are on file at www.civcastusa.com. There is no cost to view the plans, and printing can be done through the website. Hard copies of Bidding Documents will not be sold.

A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with each bid [for contracts greater than $100, 000,]. A certified check or bank draft payable to the City of Dayton or negotiable U.S.

Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

The project to be constructed will be financed with assistance from the General Land Office (GLO) under the U.S.

Department of Housing and Urban Development Community Development Block Grant - Disaster Recovery (CDBG-

DR) program and is subject to all applicable Federal and State laws and regulations. Attention is called to the fact that not less than, the federally determined prevailing Davis-Bacon and Related Acts wage rate, as issued by the

Department of Labor and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Adherence to the City of Dayton’s Section

3 Policy is required for all contracts.

The City of Dayton reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by The City of Dayton for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award.

The City of Dayton Andy Conner, Mayor

All contractors and subcontractors must be cleared (not suspended or debarred) prior to any formal action authorizing the award of a contract to the contractor. Minority Business Enterprises, Small Business Enterprises, Women

Business Enterprises, Section 3 Businesses, and labor surplus area firms are encouraged to submit bids.

Upon award, the successful bidder will be required to furnish payment and performance bonds.

1st Publication: Thursday June 25, 2026

2nd Publication: Thursday, July 2, 2026 http://www.civcastusa.com/

EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

Page i

INSTRUCTIONS TO BIDDERS

Page

Article 1 – Defined Terms

Article 2 – Copies of Bidding Documents

Article 3 – Qualifications of Bidders

Article 4 – Examination of Bidding Documents, Other Related Data, and Site

Article 5 – Pre-Bid Conference

Article 6 – Site and Other Areas

Article 7 – Interpretations and Addenda

Article 8 – Bid Security

Article 9 – Contract Times

Article 10 – Liquidated Damages

Article 11 – Substitute and “Or-Equal” Items

Article 12 – Subcontractors, Suppliers and Others

Article 13 – Preparation of Bid

Article 14 – Basis of Bid; Comparison of Bids

Article 15 – Submittal of Bid

Article 16 – Modification and Withdrawal of Bid

Article 17 – Opening of Bids

Article 18 – Bids to Remain Subject to Acceptance

Article 19 – Evaluation of Bids and Award of Contract

Article 20 – Contract Security and Insurance

Article 21 – Signing of Agreement

Article 22 – Sales and Use Taxes

Article 23 – Retainage

Article 24 – Equal Opportunity In Employment

Article 25 – Bonding Company

Article 26 – Texas Ethic Commission

Article 27 – Certification Regarding Lobbying

Article 28 – Wages and Salaries

Article 29 – System for Award Management (SAM)

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General

Conditions and Supplementary Conditions. Additional terms used in these Instructions to

Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. (Leavins Engineering & Design, LLC, 3250 Eastex

Freeway, Beaumont, Texas 77703).

B. Bidder - one who submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a bid to a Bidder.

C. Successful Bidder - the lowest, responsible and responsive Bidder to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the advertisement or invitation to bid may be obtained from the Issuing Office. The deposit is non-refundable.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as called for in the Statement of Bidder Qualifications. Each Bid must contain evidence of

Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by

Owner to any Bidder on request. Those reports and drawings are not part of the Contract

Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in

Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

Bidder will be solely responsible for any cost related to obtaining copies of reports and drawings in 4.01B.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing

Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a

Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by

Owner to any Bidder on request. Those reports and drawings are not part of the Contract

Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in

Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

Bidder will be solely responsible for any cost related to obtaining copies of reports and drawings in 4.03B.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the

General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a

Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 A. Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding

Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.07 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the

Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in

Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and

(2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable

"technical data";

E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the

Site; the Bidding Documents; and the Site-related reports and drawings identified in the

Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that

Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by

Engineer is acceptable to Bidder; and

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given

Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A pre-bid conference will be held at the time and location as shown on the invitation to bidders. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to

Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid

Bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and

5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the

Contract Documents, furnished the required contract security and met the other conditions of the

Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of

Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items.

Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the

Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such

Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent

Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the

Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the

General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, adjustment unit price item, and unit price item listed therein. In the case of optional alternative(s) the words “No Bid,” “No Change,” or “Not

Applicable” may be entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the

Bid Form. The official address of the joint venture shall be shown.

13.08 All names shall be printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for

Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General

Conditions.

14.04 Completion Time Comparisons

A. Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the

Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9 above.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one bound copy of the Bid

Form, and the Bid Bond Form. An unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following documents:

A. Required Bid security in the form of Bid Bond or Cashier’s Check in the amount of 5% of the total bid amount;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. List of Project References;

E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

F. [If applicable] Contractor’s License No.: ____________ [or] Evidence of Bidder’s ability to obtain a State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids;

G. Required Bidder Qualification Statement with Supporting Data;

H. Non-Collusion Affidavit of Prime Bidder;

I. Bonding company information form.

15.02 Bids shall be submitted in duplicate no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to:

Jennifer Perkins, City Secretary

City of Dayton

117 Cook Street

Dayton, Texas 77535

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base

Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible.

Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid

Form or prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the

Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the

Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by six

(6) unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 22 – SALES AND USE TAXES

22.01 The OWNER qualifies as an exempt agency, and is not subject to State, County, or City sales taxes only to the extent allowable by law. CONTRACTOR is advised to contact the State

Comptroller's Office or other knowledgeable source in order to apprise himself of the possible impact of the current law. Only equipment and materials incorporated into the permanent project are tax exempt.

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning Contractor’s retainage are set forth in the Agreement.

ARTICLE 24 – EQUAL OPPORTUNITY IN EMPLOYMENT

24.01 All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap, or national origin. Bidders on this work will be required to comply with the President’s Executive Order No. 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations 41 CFR Part 60.

ARTICLE 25 – BONDING COMPANY

25.01 The bidder shall submit with his bid the name, address, and telephone number of a person, firm, or corporation who has agreed to execute the required payment and performance bonds in the event that this contract is awarded to the bidder. A form is included in these contract documents for that purpose.

25.02 Such surety company shall be authorized to operate in Texas, shall have all necessary authorization and resources required to issue payment and performance bonds required for the amount of the contract, and shall have a rating of at least A from Best's Key Rating Guide.

ARTICLE 26 – TEXAS ETHIC COMMISSION

26.01 By January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.

26.02 The governmental entity of state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency.

26.03 The following link has tutorials and frequently asked questions that will guide you through the process: https://www.ehtics.state.tx.us/whatsnew/elf_info_form1295.htm

ARTICLE 27 – CERTIFICATION REGARDING LOBBYING

27.01 Contractors who apply or bid for an award of $100,000 or more shall provide the required certification that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer of employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining a Federal contract, grant or any other award covered by 31 USC §

1352.

ARTICLE 28 – WAGES AND SALARIES

28.01 Attention is particularly called to the requirement of paying not less than the prevailing Davis

Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the

Bidder to inform themselves as to local labor conditions.

ARTICLE 29 – SYSTEM FOR AWARD MANAGEMENT (SAM)

29.01 All contractors and subcontractors must be searched on www.sam.gov and cleared (not suspended or debarred) prior to any formal action authorizing the award of a contract to the contractor.

https://www.ehtics.state.tx.us/whatsnew/elf_info_form1295.htm http://www.sam.gov/

City of Dayton, Texas

SCOPE OF WORK

1.0 SCOPE OF WORK

It is the intent of the Contract Documents to provide the requirements and specifications for the construction associated with the City of Dayton, GLO CDBG-DRRP Street Improvements Project (Austin Area).

The project scope for the Base Bid and Alternate Bids includes but is not limited to:

• Acquire any necessary permits

• Mobilize and prepare site

• Install traffic control

• Complete base repairs as shown in the plans

• Pulverize existing road and mix/rework road base with cement slurry

• Prime coat application

• Construct new hot mix asphaltic concrete surface

• Install HMAC For Driveways and turnouts as shown on the plans

• Backfill pavement edges

• Clean up site

2.0 BID ITEM NOTES

Contractor’s bid shall include all labor, material and equipment and overhead costs to perform work described in the plans and specifications. Any other work necessary for the intended work as described in the plans and specification not specifically detailed in the unit price description or in the plans and specifications shall be made subsidiary to the bid items provided. City shall award a contract for any or all bid schedules in order to achieve the maximum benefit to the City within the allowable budget.

ITEM 105 – Removing Treated and Untreated Base and Asphalt All removed base and asphalt shall become the property of the contractor and shall be disposed of offsite.

Material may be used as pavement backfill if it meets the requirements of Item 134.

ITEM 134 – Backfilling Pavement Edges Material shall be Typ A, Limestone base GR 1-2.

ITEM 164 – Seeding for Erosion control Contractor shall hydromulch and maintain all areas disturbed by grading operations until uniform coverage of 70% minimum density is achieved, as determined by the owner or engineer. This work will not be paid for directly but will be considered subsidiary to various other items.

ITEM 216 – Proof Rolling Contractor shall proof roll as necessary to ensure that no soft spots are within the pavement areas.

Contractor shall immediately notify engineer and city if soft spots are found. This work will not be paid for directly but will be considered subsidiary to various other items

ITEM 247 – Flexible Base Flexible base shall be Ty A, GR 1-2 Limestone and shall be used for base repairs as shown in the plans and compacted to 95% standard proctor density. The quantity for base repairs is estimated and will be adjusted by in place quantities. Location of base repairs will be as directed by the engineer prior to construction or if soft spots are found during proof rolling.

ITEM 251 – Reworking Base Course Existing asphalt surface and base shall be mixed in place so that the maximum particle size is 1/2 inch.

After mixing, material shall be shaped to the typical section shown in the plans and compacted to 95% standard proctor density.

ITEM 275 – Cement Treatment (Road-Mixed) Cement content is shown in the plans

Cement stabilized flexible base strength requirement is 300 psi minimum (7 day unconfined compressive strength).

ITEM 310 – Prime Coat MC-30 or AE-P at a rate of 0.20 GAL/SY and shall be applied to all base material prior to HMAC.

ITEM 340 – Dense-Graded Hot-Mix Asphalt (Small Quantity) All surface mixes shall be TY-D SAC-B. Binder PG64-22 or PG70-22 will be allowed. Payment will be by the square yard and shall be compacted in place to the depth as shown in the plans. For 3” asphalt sections, two equal 1.5” lifts shall be performed.

Asphalt shall be tested for density each 500 tons or one day production.

ITEM 502 – Barricades, Signs and Traffic Handling Traffic control shall be in accordance will all applicable provisions of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) as required to provide adequate traffic handling in order to adhere to the plans and contract documents. All required barricades, signs, traffic handling and detours will not be paid for directly but will be subsidiary to other items.

ITEM 530 – Intersections, Driveways, and Turnouts Additional base may be needed to prior to placement of HMAC for driveways. Material and placement to create a uniform and compact foundation shall be considered subsidiary to this item.

Measurement and Payment

All quantities presented in the Bid Form are in-place quantities. All quantities presented for payment shall be in-place measured quantities in the units provided in the Bid Form. Measurement for Payment shall be based on the limits of construction shown in the plans. Work performed outside those described limits will not be considered for payment unless authorized by the Engineer. Items not specifically listed in the bid form shall be considered subsidiary to other items of work.

3.0 GENERAL NOTES

3.1 Surveying

Contractor shall provide all onsite general construction surveying, layout, and any other surveying requirements necessary for the construction of the project.

Contractor to station the project prior to commencing work. Mark stations every 100 feet. Maintain stationing throughout the duration of the project. Remove the station markings at the completion of the project. This work will not be paid for directly but will be subsidiary to other bid items.

3.2 General Construction Notes

Contractor shall pay for all required testing, including but not limited to required densities for subgrade, base and asphalt, and associated moisture-density relationships. Testing shall be in accordance with the test methods provided for under the appropriate standard specifications for the various items and will not be paid for directly but will be subsidiary to other bid items.

Contractor shall be responsible for protecting all public utilities in the construction of this project. All manholes, clean-outs, valve boxes, fire hydrants, etc. must be adjusted to proper line and grade by the contractor prior to and after the placing of permanent paving. Utilities must be maintained to proper line and grade during construction of the paving for this development. Raising of these items will be the cost and responsibility of the contractor for both known and unknown items. This work will not be paid for directly but will be subsidiary to other bid items.

Contractor shall remove all vegetation from pavement edges, intersections and driveways prior to ACP operations. This work will not be paid for directly but will be subsidiary to other bid items.

Contractor will be completely responsible for immediate removal of any material that gets upon any vehicle as a result of their operation.

Schedule all work so that all travel lanes are open during non-working hours, nights and weekends.

References to manufacturer's trade name or catalog numbers are for the purpose of identification only.

Similar materials from other manufacturers are permitted if they are of equal quality, comply with the specifications for this project, and are approved.

All materials and construction shall conform to city and TxDot standards, except as noted herein and approved by the engineer.

Any permits or fees required by the city, or any other entity shall be paid for by the Contractor.

Ingress and egress adjacent to the project shall be maintained by the Contractor at all times. The Contractor will be responsible for keeping mud and debris off existing public streets adjacent to the site.

Contractor shall keep one complete set of plans and specifications in good condition on the job site at all times.

Upon completion of all project improvements and inspections, and Owner acceptance of these improvements, the Contractor shall be required to furnish an Affidavit of Warranty to Owner for a one (1) year period on all work.

All areas disturbed by construction activity shall be restored to an equal or better condition at the expense of the contractor.

The contractor shall allow city forces to enter this project to accomplish such work as shown in the plans and as may be deemed necessary by the engineer.

All traffic control shall conform to the latest barricade and construction standard sheets issued by TxDot and shall be approved by the engineer prior to construction operations.

4.0 UTILITY COORDINATION

Utility locations shown on the plans are for informational purposes only and are not exact. The Engineer and the Owner assume no responsibility for variation in location and grades. Contractor shall verify location and elevation of existing facility prior to construction of proposed facilities. Discrepancies between the two shall be immediately reported to the owner or engineer.

Contractor will be responsible for contacting all utility companies with existing facilities in the areas of construction 48 hours prior to construction in areas of possible underground utilities which may or not be shown on drawing. Contractor is responsible for making the Texas One Call and following all requirements set forth through that agency.

The Contractor shall be responsible for locating and protecting all utility lines during construction. The Contractor shall be responsible for any damage to existing utilities and shall promptly repair same or make arrangements for such repair with the Owner of the utility involved.

In all cases the Contractor shall inform and coordinate work with the Owners of the various utilities sufficiently in advance of the contractor’s operation to enable such utility Owners, in advance of any work which might damage, interfere with or require adjustments to utilities along or adjacent to the work, to reroute, provide temporary detours, or to make other adjustments to utilities in order that the contractor may proceed with his work with a minimum amount of delay and expense.

The contractor shall cooperate with all utility owners concerned in effecting any utility adjustments necessary and shall not hold the Owner or Engineer liable for any expenses due to delay or additional work because of conflicts. The Contractor shall allow utility and/or pipeline companies to enter this project to accomplish such work as required for placement or protection of their services and as may be deemed necessary by the Engineer.

All utility adjustments shall be the responsibility of the Owners of the utilities and if, in the opinion of the Engineer, adjustment is required, the Contractor will be responsible for notifying the respective owner.

The contractor shall be responsible for confirming the exact location of utility lines and of any others which may exist. It shall be the contractor's responsibility to notify the utility involved in case of conflict or damage and the contractor shall be held responsible for any damage that occurs. Where the contractor encounters abandoned lines that interfere with the construction of this project, such lines shall be removed and disposed of by the contractor. There will be no direct payment for this work and it shall be considered subsidiary to the various bid items in the contract.

Before excavating near existing utilities, contact the utility companies or the utility coordinating committee for exact locations to prevent damage or interference with present facilities. Notify the utility coordinating committee and the Texas One Call System at the following numbers:

Texas One Call, toll-free 1-800-245-4545

This action does not relieve the Contractor of the responsibilities under the terms of the contract or the plans and specifications. Damage caused by the Contractor's operations shall be repaired and restored to service in a timely manner at no expense to the city. Notify the Engineer at least 48 hours before constructing of storm drains and utilities.

If overhead or underground power lines need to be de-energized, contact the electrical service provider to perform this work. Costs associated with de-energizing the power lines or other protective measures required are at no expense to the city.

If working near power lines, comply with the appropriate sections of Texas State Law and Federal Regulations relating to the type of work involved.

Contractor shall be responsible for protecting all public utilities in the construction of this project.

Contractor shall protect all manhole covers, valve covers, vault lids, fire hydrants, power poles, guy wires, and telephone boxes that are to remain in place and undisturbed during construction.

5.0 WORK SCHEDULING

Contractor shall provide a written schedule describing the sequencing and routes of work.

Contractor shall notify Owner no later than 48 hours prior to the commencement of work.

Unless otherwise shown on the plans or otherwise directed, commence work after sunrise and ensure construction equipment is off the road by sunset.

Contractor shall schedule work in a manner that will cause minimum interference with traffic and to the general public.

Ingress and egress to adjacent property shall be maintained by the contractor at all times.

6.0 SUBMITTALS

Bar type schedule showing estimated work times and written description of the general sequencing of project work including hauling and…